The term “articles of clerkship” refers to a two-year training contract between lawyers and graduating law students. Articles of clerkship are required in some countries, such as the United Kingdom, Australia, and Africa, before graduates can practice law. Articled clerks typically gain experience in civil and criminal law by rotating among attorneys, also known as solicitors, who work for the firm or outside of it. Some regions no longer refer to them as apprenticeships and instead refer to them as training contracts. Contracts must usually be registered with a regulatory body that oversees the legal profession.
Articles of clerkship must be registered with the law society in the region where the contract is signed in South Africa. The sponsoring solicitor certifies to the agency that the clerk has completed all of the necessary educational requirements to be eligible for training. In order to register for articles of clerkship, a law school graduate must also provide information.
Character references may be requested to demonstrate that the student is morally and emotionally qualified to practice law. Proof of age and completion of law school may also be required by the law society. Before any training can begin, the student and practicing attorney must sign and submit an application for registration of articles of clerkship to the regulating agency.
Mentoring is a big part of the clerkship, and you’ll get regular performance reviews to see how you’re doing. Every few months, an articled clerk rotates seats to learn about a different aspect of law. Working with a different mentor for each seat could provide a clerk with valuable experience practicing various types of law.
Drafting legal documents and taking depositions from witnesses are common areas of training. Land disputes and commercial litigation over copyright issues may be examples of civil law experience. In civil and criminal cases, the clerk usually conducts legal research and drafts briefs and indictments. In criminal cases, he or she may also work closely with victims of crime.
Clerks’ other responsibilities include attending chambers meetings with judges. When assisting with appeals, they may also conduct research into previous court cases. During a trial, different law firms offer different opportunities to question or cross-examine witnesses.
During their clerkship, some law firms offer clerks the opportunity to attend seminars or training courses. Articled clerks may also learn about the legislative process and assist with bill drafting. Although permanent employment is not guaranteed after training, many students who participate in articles of clerkship stay with the firms where they trained.